Legal Question in Family Law in Washington

fiancee

My fiancee lives at my house that I own and she had a nervous breakdown, went to her son's and i have not heard from her for 4 days. she does not answer or return calls. What can I do with regard to her property and changing the locks on my house?


Asked on 6/20/08, 7:34 pm

2 Answers from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

Re: fiancee

You have a very sticky situation, and frankly, I would need more facts to give you a detailed answer. As a general proposition, since you are not married and you own the home outright, I think you should write to her at her son's home, or try to talk to the son and see if you can work it out to have him pick up her stuff. That might save you a lot of grief, legal and otherwise.

If things get out of control, then get a restraining order- assuming there are facts to justify that. As for changing the locks on the home, as long as there is no rental agreement, it appears that she is a guest in your home with no legal claim to occupy the space, so I think you can change the locks, but before you do so, I cannot emphasize enough that you should speak with an attorney who can ask lots of questions to make sure that you are on solid ground when you do this.

I hope this helps- good luck!

Read more
Answered on 6/21/08, 12:45 am

Re: fiancee

I have the feeling that your fiancee, because you state that is her home and she has keys, may be a month-to-month tenant.

The love interest does not negate the probability that she was contributing in some way or another to the household expenses (groceries, cleaning the place, contributing to the utility payments) even if she was not paying monthly rent. Changing the locks could even be viewed as wrongful eviction.

There may be a "hell hath no fury" element here, where the wronged party may be looking for legal representation . . .

"RCW 59.04.020

Tenancy from month to month � Termination.

When premises are rented for an indefinite time, with monthly or other periodic rent reserved, such tenancy shall be construed to be a tenancy from month to month, or from period to period on which rent is payable, and shall be terminated by written notice of thirty days or more, preceding the end of any of said months or periods, given by either party to the other"

Read more
Answered on 6/22/08, 4:24 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Washington